City Council

January 9, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of January 2024, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Richard (Rick) Garcia Fifth District Charles (Chuck) Warner Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Also present were: Interim City Manager Janet L. Keller City Attorney Kevin V. Sansalone Interim City Clerk David A. Kirk Program Manager Brian Stewart IN RE: OPENING CEREMONIES Mayor Bolyard led a moment of silent reflection followed by the Pledge of Allegiance to the Flag led by Councilmember Rice. IN RE: NATIONAL LAW ENFORCEMENT APPRECIATION DAY City Councilmembers welcomed members of the Fairmont Police Department and presented them with a proclamation and a standing ovation in recognition of National Law Enforcement Appreciation Day. IN RE: FAREWELL TO COUNCILMEMBER CINALLI City Councilmembers presented Councilmember Cinalli with a plaque and extended their gratitude and thanks for his service on City Council. Jan. 9 was stated to be his last meeting as a Councilmember. 1  APPROVAL OF MINUTES IN RE: MINUTES FOR THE DECEMBER 19, 2023 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on December 19, 2023. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember Warner moved to approve the minutes for the December 19, 2023, Regular Meeting as submitted. The motion was seconded by Councilmember Nuzum. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: PT LOT 7 REEVES AVENUE MAP / PARCEL 1 / 0105 0000 0000 121 REEVES AVENUE, FAIRMONT, WV 26554 FROM THOMAS STANLEY DAVIS, ROGER LEE DAVIS, DEBORAH L. DAVIS, AND ELIZABETH PETERMAN TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL OF REAL ESTATE FROM THE CITY OF FAIRMONT IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER ALL TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT. Pursuant to a notice duly published in the Times West Virginian on December 22, 2023, a public hearing was convened to obtain citizen input on an ordinance approving the transfer of the property listed in the above ordinance title to the City of Fairmont. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. 2 BRIAN STEWART, Program Manager for the City’s Vacant Property Program, spoke in favor of the ordinance, saying that the City has already demolished both dilapidated structures on the property and the current owners have no interest in keeping or maintaining the property. Mr. Stewart said that there are individuals who have already expressed interest in the property and wish to purchase the property from the City. Councilmember Rice asked Mr. Stewart for an update on the Ad Hoc committee that is working toward a process to allow the City to sell vacant property to interested parties in an equitable fashion. Mr. Stewart reported that the committee is preparing to present its proposal to Council in the coming months. There being no one else to speak, the public hearing was called to a close at 7:15 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 1 AC 56 ½ SQRDS & 1300 SQ FT (EXC PCL) LOCUST AVE MAP / PARCEL 26 / 0274 0000 0000 220 LOCUST AVENUE, FAIRMONT, WV FROM EVERETT W. COCHRAN TO THE CITY OF FAIRMONT; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENT(S); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION. Pursuant to a notice duly published in the Times West Virginian on December 22, 2023, a public hearing was convened to obtain citizen input on an ordinance approving the transfer of the property listed in the above ordinance title to the City of Fairmont. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. EVERETT COCHRAN, current owner of 220 Locust Avenue, spoke in favor of the ordinance. Mr. Cochran recounted his extensive history with the property, 3 dating back to his childhood and his dreams of one day refurbishing the historic home. He was finally afforded the chance in 2004, but the scale of the project and other factors made the project unfeasible. As recently as 2019, he was living in the home on the property trying to renovate the building, but he moved out and the home has since fallen into disrepair and is largely uninhabitable. He’s asking the City to demolish the property. BRIAN STEWART, Program Manager for the City’s Vacant Property Program, said that following several walk throughs and conversations with the police department, the property is not in a state where it can realistically be saved. In his estimations, a revival effort would cost somewhere around $500,000. It’s his recommendation that the home be demolished. Councilmember Deasy said that the property is to the point where, “it’s time to call it quits.” There being no one else to speak, the public hearing was called to a close at 7:24 p.m. ANNOUNCEMENTS IN RE: CONGRATULATIONS TO NMHS Councilmember Rice congratulated the North Marion High School Football team for their performance at the state championship and he specifically congratulated Landon Frey, who’s one-handed touchdown catch was named Sports Illustrated’s High School Play of the Year. IN RE: THANKS TO POLICE OFFICERS Councilmember Deasy reiterated her thanks to the Fairmont Police Department and thanked them for all that they do for the community. Councilmembers McDaniel, Nuzum and Mayor Bolyard echoed the same comments. IN RE: FAREWELL COUNCILMEMBER CINALLI Each of the Councilmembers bid farewell to Councilmember Cinalli and Mr. Cinalli himself thanked his fellow Councilmembers for their well wishes as he moves on to his next chapter in life. IN RE: DONATE TO FOOD BANKS Councilmember Nuzum encouraged the public to donate food items to the 4 Union Mission as well as the Soup Opera, not just during the holidays, but all year long. IN RE: RECOGNITION OF PUBLIC SERVANTS Mayor Bolyard invited the public to apply to be a Fairmont Police Officer CITIZENS PETITIONS There were no citizen’s petitions. CITY MANAGER’S REPORT Interim City Manager Janet Keller invited the public to apply to be a Fairmont Police Officer and recognized the successful run of this year’s Celebration of Lights and she thanked the public’s support of the United Way. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: PT LOT 7 REEVES AVENUE MAP / PARCEL 1 / 0105 0000 0000 121 REEVES AVENUE, FAIRMONT, WV 26554 FROM THOMAS STANLEY DAVIS, ROGER LEE DAVIS, DEBORAH L. DAVIS, AND ELIZABETH PETERMAN TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL OF REAL ESTATE FROM THE CITY OF FAIRMONT IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER ALL TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT. The Interim City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to transfer the described property from the owners to the City of Fairmont. 5 Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Deasy seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2020 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 1 AC 56 ½ SQRDS & 1300 SQ FT (EXC PCL) LOCUST AVE MAP / PARCEL 26 / 0274 0000 0000 220 LOCUST AVENUE, FAIRMONT, WV FROM EVERETT W. COCHRAN TO THE CITY OF FAIRMONT; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENT(S); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION. The Interim City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to transfer the described property from the owners to the City of Fairmont. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2021 was duly adopted IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE MAYOR AND THE BUILDING 6  INSPECTOR TO EXECUTE THE ENVIRONMENTAL ASSESSMENT DETERMINATIONS AND COMPLIANCE FINDINGS FOR A HUD- ASSISTED PROJECT, NAMELY - PHA-CAPITAL FUND PROGRAM 2023-2027 (FAIRMONT MORGANTOWN HOUSING AUTHORITY), SUBJECT TO THE PRIOR EXECUTION AND DELIVERY OF INDEMNIFICATION/HOLD HARMLESS AGREEMENT; DISCLAIMER. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the City to execute environmental assessment determinations in collaboration with a project through the Fairmont-Morgantown Housing Authority. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION FOR A GRANT IN THE AMOUNT OF $20,000.00 TO PROVIDE FOR THE PURCHASE OF HYDRAULIC EXTRICATION EQUIPMENT FOR USE BY THE CITY OF FAIRMONT FIRE DEPARTMENT, AND IF SUCH GRANT IS AWARDED FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the application for a grant. Motion: 7 Councilmember Nuzum moved for the adoption of the proposed resolution. Councilmember Garcia seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion to adjourn to Executive Session for matters pursuant to WV Code 6-9A-4(b)(2)(A) and City Charter 2.11 (a)(l)A - to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal, or compensation of a City Officer. The motion to adjourn to Executive Session was made by Councilmember McDaniel and seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned to Executive Session at 7:47 p.m. She noted that no other business would be conducted following the Executive Session. IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 8:42 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember Nuzum moved to adjourn the meeting. The motion was seconded by Councilmember McDaniel. The Mayor declared the meeting adjourned by voice vote of Council at 8:43 p.m. 8